Sec. 4. Lawful permanent resident status of refugees and aliens granted asylum

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Section 207(c) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c) ) is amended— in paragraph (1)— by striking Attorney General the first time it appears and inserting Secretary of Homeland Security ; by striking Attorney General each additional place it appears and inserting Secretary ; and by striking (except as otherwise provided under paragraph (3)) as an immigrant under this Act. and inserting (except as provided under subsections

(b)and

(c)of section 209) as an immigrant under this Act. Notwithstanding any numerical limitations specified in this Act, any alien admitted under this paragraph shall be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien’s admission to the United States. ; in paragraph (2)(A)— by striking (except as otherwise provided under paragraph (3)) and inserting (except as provided under subsections

(b)and

(c)of section 209) ; and by striking the last sentence and inserting the following: An alien admitted to the United States as a refugee may petition for his or her spouse or child to follow to join him or her in the United States at any time after such alien’s admission, notwithstanding his or her treatment as a lawful permanent resident as of the date of his or her admission to the United States. ; by striking paragraph (3); by redesignating paragraph

(4)as paragraph (3); and in paragraph (3), as redesignated— by striking Attorney General the first place it appears and inserting Secretary of Homeland Security ; and by striking Attorney General each additional place it appears and inserting Secretary . Section 208(b)(3) of such Act (8 U.S.C. 1158(b)(3)) is amended— by redesignating subparagraph

(B)as subparagraph (E); and by inserting after subparagraph

(A)the following: An alien granted asylum under this subsection may petition for the same status to be conferred on his or her spouse or child at any time after such alien is granted asylum whether or not such alien has applied for, or been granted, adjustment to permanent resident status under section 209. Notwithstanding any numerical limitations specified in this Act, a spouse or child admitted to the United States as an asylee following to join a spouse or parent previously granted asylum shall be regarded as lawfully admitted to the United States for permanent residence as of the date of such spouse’s or child’s admission to the United States. A spouse or child who was not admitted to the United States pursuant to a grant of asylum, but who was granted asylum under this subparagraph after his or her arrival as the spouse or child of an alien granted asylum under section 208, may apply for adjustment of status to that of lawful permanent resident under section 209 at any time after being granted asylum. . Section 209 of such Act ( 8 U.S.C. 1159 ) is amended to read as follows: Notwithstanding any numerical limitations specified in this Act, any alien who has been admitted to the United States under section 207 shall be regarded as lawfully admitted to the United States for permanent residence as of the date of such admission. Notwithstanding any numerical limitations specified in this Act, any alien admitted to the United States under section 208(b)(3) as the spouse or child of an alien granted asylum under section 208(b)(1) shall be regarded as lawfully admitted to the United States for permanent residence as of the date of such admission. The Secretary of Homeland Security or the Attorney General, in the discretion of the Secretary or the Attorney General, and under such regulations as the Secretary or the Attorney General may prescribe, may adjust, to the status of an alien lawfully admitted to the United States for permanent residence, the status of any alien who, while in the United States— is granted— asylum under section 208(b) (as a principal alien or as the spouse or child of an alien granted asylum); or refugee status under section 207 as the spouse or child of a refugee; applies for such adjustment of status at any time after being granted asylum or refugee status; is not firmly resettled in any foreign country; and is admissible (except as otherwise provided under subsections

(b)and (c)) as an immigrant under this Act at the time of examination for adjustment of such alien. Upon approval of an application under this subsection, the Secretary of Homeland Security or the Attorney General shall establish a record of the alien’s admission for lawful permanent residence as of the date such alien was granted asylum or refugee status. An alien who has been admitted to the United States under section 207 or 208 or who adjusts to the status of a lawful permanent resident as a refugee or asylee under this section shall be issued documentation indicating that such alien is a lawful permanent resident pursuant to a grant of refugee or asylum status. Paragraphs (4), (5), and (7)(A) of section 212(a) shall not apply to— any refugee under section 207; any alien granted asylum under section 208; or any alien seeking admission as a lawful permanent resident pursuant to a grant of refugee or asylum status. Except as provided in paragraph (2), the Secretary of Homeland Security or the Attorney General may waive any ground of inadmissibility under section 212 or any ground of deportability under section 237 for a refugee admitted under section 207, an alien granted asylum under section 208, or an alien seeking admission as a lawful permanent resident pursuant to a grant of refugee or asylum status if the Secretary or the Attorney General determines that such waiver is justified by humanitarian purposes, to ensure family unity, or is otherwise in the public interest. A refugee under section 207, an alien granted asylum under section 208, or an alien seeking admission as a lawful permanent resident pursuant to a grant of refugee or asylum status shall be ineligible for a waiver under paragraph

(1)if it has been established that the alien is— inadmissible under section 212(a)(2)(C) or subparagraph (A), (B), (C), or

(E)of section 212(a)(3); deportable under section 237(a)(2)(A)(iii) for an offense described in section 101(a)(43)(B); or deportable under subparagraph (A), (B), (C), or

(D)of section 237(a)(4). . Section 201(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1)(B) ) is amended to read as follows: Aliens who are admitted to the United States as permanent residents under section 207 or 208 or whose status is adjusted under section 209. . Section 207(f)(1) of such Act ( 8 U.S.C. 1157(f)(1) ) is amended by striking Attorney General and inserting Secretary of Homeland Security . The table of contents for such Act is amended by striking the item relating to section 209 and inserting the following: Sec. 209. Treatment of aliens admitted as refugees and aliens granted asylum. . Nothing in the amendments made by this section may be construed to limit access to the benefits described at chapter 2 of title IV of the Immigration and Nationality Act ( 8 U.S.C. 1521 et seq. ). Aliens admitted for lawful permanent residence under section 207 or 208 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ; 1158) or who adjust status to lawful permanent resident under section 209 of such Act ( 8 U.S.C. 1159 ) shall be considered to be refugees and aliens granted asylum in accordance with sections 402, 403, 412, and 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612 ; 1613; 1622; 1641). This section, and the amendments made by this section, shall become effective on the earlier of— the date that is 180 days after the date of the enactment of this Act; or the date on which a final rule is promulgated to implement this section.

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Sec. 4

Lawful permanent resident status of refugees and aliens granted asylum

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